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Planning appeal decision

Notice upheld7 March 20223259611

4 Willow Bank, Wilthorpe, Barnsley, S75 1BN

Planning appeal 3259611 at 4 Willow Bank, Wilthorpe, Barnsley, S75 1BN (Barnsley Metropolitan Borough Council) was dismissed on 7 March 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether a material change of use from dwellinghouse to commercial holiday let has occurred (ground b/c).

Material change of use of land from C3 dwellinghouse to Sui Generis commercial holiday let for 24 hours self check-in boarding house business

Authority
Barnsley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Whitfield J
Postcode
S75 1BN

Main issues, as the Inspector framed them

  • Whether a material change of use from dwellinghouse to commercial holiday let has occurred (ground b/c)
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach (ground f)
  • Whether the period for compliance is too short (ground g)

What decided it

The appellant's evidence was insufficiently precise and unambiguous to rebut the Council's case and the submissions of neighbouring residents that the property was in constant use as a commercial holiday let, establishing a material change of use.

What the Inspector cited

Judgments
Lynch v SSE & Basildon DC [1999] JPL 354

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.